Ryan O'Connell and Neil Berman, On the Job: Cuts to state's cash-strapped courts do us all an injustice

California courts continue to face significant financial challenges as a result of the fiscal crisis. Last year, California courts were forced to spend approximately $250 million in reserves to augment operational expenses. Those reserves were exhausted despite court closures, reduced clerk hours and reduced staffing. Anything less than $250 million from this year's General Fund will result in California courts' inability to remain at last year's levels.

The additional funding for courts in the recently approved state budget will certainly help, but it is not enough to restore adequate funding for the state's court system. In June, the Legislature passed the final budget, which included $129 million in new revenue for the state's General Fund. Although this is a step in the right direction, it falls far short of the estimated $266 million California trial courts need to stay afloat at last year's spending levels.

As a result, California courts are likely to see additional cuts in court hours, courtrooms and staffing, thereby affecting access to justice for both businesses and individuals. Mandated public service reports and periodic surveys reflect the severe and growing impact of budget cuts.

Court closures have deprived more than 2 million Californians of access to justice in their local communities. Fifty-one courthouses and a total of 205 courtrooms have closed. Thirty courts have had reduced hours at public service counters. Fifteen courts have had to institute limited court service days where the majority of courtrooms and clerks' offices are closed. Nearly 4,000 court staff have lost their jobs. Many courts are leaving vacant positions unfilled, and some courts continue to furlough employees.

Monterey County and San Benito County report having seen a 17 percent reduction in court staffing since 2008-09, while Santa Cruz County reports a reduction of 21 percent, representing 174 jobs.

California's courts have seen over $1.1 billion in budget cuts since 2008. As a result of constitutional protections, the majority of the existing funding is being directed to criminal cases.

Litigants who are most heavily impacted by this financial crisis are those who are involved in civil cases such as workplace discrimination claims, domestic violence protection, family law and foster care matters.

Continued efforts in Sacramento are needed to allocate money to California courts. Accessibility to courts is, for most, the only opportunity to redress a wrong. The loss of funding, and in turn the loss of nearly 4,000 court staff, has resulted in backlogs, delays and closures which prevent access to justice for all litigants.

Ryan O'Connell and Neil Berman are lawyers with Rucka, O'Boyle, Lombardo & McKenna in Monterey. This column is intended to answer questions of general interest and should not be construed as legal advice. Mail queries to "On the Job," c/o The Monterey Herald, Box 271, Monterey 93942.